Terms of Service

The following Terms of Use are entered into by and between you, the “User,” and Artivare, LLC, a Utah limited liability company (“Artivare,” “We,” or “Us”).

These Terms of Use, together with any documents they incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of all content, e-commerce functions, affiliate links, functionality, and products offered on or through our website (collectively, the “Website”), whether as a guest or a registered user.

Use of the Website

Artivare provides physical art products through the Website. By using the Website, you agree to abide by all policies and procedures outlined in this Terms of Use agreement.

Taxes

Artivare collects sales tax on orders made through the Website when required by law.

Returns Policy

Prints are fulfilled through a third-party manufacturer upon order. Once orders are submitted, they are final and nonrefundable. Product types are subject to availability from the manufacturer. We do not offer refunds. Please confirm all order details before placing your order. If you are unsatisfied with your purchase, please contact us, and we will do our best to make it right.

You acknowledge that printed materials may fade or discolor due to sunlight, environmental exposure, or the inherent qualities of materials that vary by manufacturer.

You agree not to hold Artivare responsible for any claims arising from fading, discoloration, or similar qualities.

You are responsible for all applicable taxes (including, but not limited to, sales tax and value-added taxes) on any products ordered from Artivare.

Product Disclaimer

Artivare assumes no responsibility for errors or omissions that may appear in any products or services on the Website.

Artivare DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, including but not limited to express warranties, statutory warranties, and implied warranties of merchantability or fitness for a particular purpose, whether expressed verbally or in writing.

Any testimonials or endorsements represented on our Website, landing pages, or sales pages have not been scientifically evaluated.

Artivare does not guarantee that the Website or its products will be uninterrupted, error-free, secure, available at all times, or free from defects or harmful components.

Use of the Website is at your own discretion and risk.

Fees

Payment is due in full at the time of purchase. Artivare retains the right to refuse access to purchased products or services if payments are not received as due.

If any payment becomes past due, access to the Website or purchased products may be temporarily suspended until the account is current.

Questions regarding billing or account status should be directed to contact@artivare.com

User agrees to pay interest on all past-due sums at a rate of 12% per annum or the highest rate allowed by law, whichever is greater.

Refund Policy

All sales are final. Because our products are customized in nature, we do not offer refunds.

In the rare event of mail carrier damage, please contact us with photos of the issue and the original packaging so we can help resolve your concern.

Occasionally, Artivare may offer a sale or discount code. These apply only to future orders and cannot be retroactively applied.

Artivare reserves the right to cancel or refund any order suspected of fraud or error.

Intended Audience

The Website and its products and services are intended for adults only.

Intellectual Property

Artivare’s products and materials are curated through Creative Commons licensing or sourced from the public domain.

Products purchased from our Website are provided under a single-user license for your individual use only and remain the sole property of Artivare.

You may not license, sell, or distribute any items (including filters, materials, videos, or documents) purchased from the Website.

By submitting materials to any interactive area of the Artivare Website, you grant Artivare a perpetual, irrevocable, royalty-free license to use, display, publish, distribute, and create derivative works from such materials in any form or media, now known or later developed.

Limitation of Liability

You accept all risks, foreseeable or unforeseeable, resulting from your use of the Website.

You agree to indemnify and hold harmless Artivare, its officers, employees, directors, agents, affiliates, successors, and assigns (collectively, “Releasees”) from any claims, damages, or liabilities arising from your use of the Website or any products purchased through it, except in cases of willful misconduct by Artivare or its employees.

This includes—but is not limited to—direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or misuse of Artivare’s Website, products, or services.

Third-Party Sites

Our Website may contain links to third-party websites or services not owned or controlled by Artivare.

Artivare is not responsible for the content, privacy policies, or practices of any third-party sites.

We encourage you to review the terms and privacy policies of any third-party websites you visit.

Termination

Artivare may, at its sole discretion, terminate this Agreement and restrict or suspend your access to the Website if:

You become disruptive to Artivare or other users;
You distribute Artivare’s products without permission;
Artivare reasonably suspects you of data harvesting or misuse; or
You violate these Terms.

Upon termination, your access will be revoked, and no refunds will be issued.

Dispute Resolution

If not resolved first through good-faith negotiation, any dispute relating to this Agreement shall be submitted to a mutually agreed-upon Mediator in Salt Lake City, Utah for binding mediation.

All claims against Artivare must be made within ninety (90) days of the alleged issue.
If mediation fails, either party may bring suit in a court of competent jurisdiction in Utah.

Equitable Relief

Notwithstanding the above, either party may seek equitable relief—such as an injunction or temporary restraining order—if monetary relief would be inadequate or irreparable harm may result.

Notices

All notices may be sent via personal delivery or certified mail (return receipt requested).
Email notices shall be considered “personal delivery.”
Notices should be sent to contact@artivare.com

General Terms

This Agreement is binding upon and benefits both parties and their respective successors and permitted assigns.

Failure to enforce any provision does not constitute a waiver.

This Agreement represents the full understanding between the parties and supersedes any prior communications.

This Agreement shall be governed by and construed in accordance with the laws of the Utah, USA.

If any provision is found invalid, the remaining provisions will remain in effect.

Artivare may modify these Terms at any time and will update this page with the latest revision date.

Privacy and Data Collection

User data collected during your use of the Website is governed by Artivare’s Privacy Policy, available at https://artivare.com/policies/privacy-policy

By using the Website, you grant Artivare the right to collect and use information about your usage in accordance with that policy.

DMCA Notices

Artivare respects the intellectual property rights of others and takes copyright claims seriously.

If you believe your work has been used in a way that constitutes copyright infringement, please send a notice containing the following to our Copyright Agent:

An electronic or physical signature of the copyright owner or authorized agent;
A description of the copyrighted work claimed to be infringed;
A description of where the infringing material appears on our Website;
Your address, phone number, and email;
A statement that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on their behalf.